Dismissed

Subrata Mallick v. State of West Bangal

NGT7 Aug 2024Original Application No. 159/2024

Case brief

AI extract

What is this about?

The applicant alleged industrial encroachment on forest land and water bodies in Durgapur, West Bengal. The Tribunal dismissed the application for lack of jurisdiction under the National Green Tribunal Act, 2010, noting no documents proved the land was forest or a water body, and remedies for the alleged RTI default lay under the RTI Act.

What did the court decide?

The Original Application No.159/2024/EZ is dismissed with liberty to file a better application with proper pleadings and supporting documents.

Subrata Mallick vs State of West Bangal — Environment and Pollution | NGT (2024)

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Court No.1

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Item No.02

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.159/2024/EZ

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IN THE MATTER OF:

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Mr. Subrata Mallick S/o Late Dulal Chandra Mallick, Religion – Hindu, Quarter No. RIII/81, Bidhannagar Housing Colony Durgapur, PS – New Township P.O. – ABL Township, Dist. – Paschim Bardhaman Pin – 713206,

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…. Applicant(s)

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Versus

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1. The State of West Bengal

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Service through the Chief Secretary, Govt. of West Bengal Nabanna, 13^th Floor, 325, Sarat Chatterjee Road, Mandirtala, Shibpur,

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Howrah – 711102

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2. The Additional Chief Secretary

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Department of Forests, Govt. of West Bengal, Aranya Bhawan, Block LA-10A, Sector – III, Salt Lake, Kolkata – 700106

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3. The Additional Chief Secretary,

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Department of Environment, Govt. of West Bengal Prani Sampad Bhavan, 5^th Floor, LB-2, Sector-III, Salt Lake, Kolkata – 700098

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4. The Principal Secretary,

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Department of Industry, Commerce and Enterprises,

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Shilpa Sadan,

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6^th Floor, 4, Abanindranath Tagore Sarani (Camac Street), Kolkata – 700016

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5. The Additional Chief Secretary (Additional Charge), Department of Land and Land Reforms & Refugee Relief and Rehabilitation,

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6^th Floor, 325, Sarat Chatterjee Road, Mandirtala Shibpur, Howrah – 711102

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6. The Principal Chief Conservator of Forests & HoFF, W.B., Aranya Bhawan,

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LA – 10A Block, Sector-III, Salt lake, Kolkata – 700106

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7. The Chief Conservator of Forests, Central Circle, Webel IT Park, Durgapur,

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Pin – 713208

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8. The Divisional Forest Officer, Durgapur Shastri Avenue, Aranya Pally Durgapur, Bamunara – 713212

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9. The District Magistrate & District Collector Office of the District Magistrate ADDA, Administrative Building, Kanyapur, P.O. : Ramkrishna Mission Opposite DAV Public School, Pin Code – 713305

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10. The Additional District Magistrate (L&LR), Office of the District Magistrate ADDA, Administrative Building, Kanyapur,

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P.O.: Ramkrishna Mission Opposite DAV Public School, Pin Code – 713305

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11. The Commissioner of Police

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Asansol Durgapur Police Commissionerate, Evelyn Lodge, GT Road Kumarpur, Asansol – 713304

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12. The Officer-in-Charge, New Town Ship Police Station, Asansol Durgapur Police Commissionerate On MAMC Road At MAMC Building,

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West Bengal – 713210

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13. The Member Secretary, West Bengal Pollution Control Board, 10, Block-LA, Sector-III, Bidhannagar, Kolkata – 700106

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14. State Environment Impact Assessment Authority (SEIAA), Service through the Principal Secretary, Prani Sampad Bhavan, 5^th Floor, LB Block, Sector III, Salt Lake, Kolkata – 700106

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15. The BL&LRO,

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Additional Faridpur Durgapur, Having office at City Centre, Durgapur, District – Paschim bardhaman, Durgapur – 713216

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16. The Additional Chief Secretary (Additional Charge), Department of Fisheries, Government of West Bengal, Benfish Tower, 31 GN Block, 8^th Floor, IT Building, Salt Lake, Sector V, Kolkata – 700091

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17. The Chief Executive Officer, Asansol Durgapur Development Authority, ADDA 2^nd Floor, Administrative Building 1^st Street, City Centre, Durgapur, West Bengal – 713216

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18. S.P.S. Steels Rollings Mills Ltd., Dr. Zakir Hussain Avenue Grand Trunk Road, Durgapur, West Bengal - 713206

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19. The Chairman, West Bengal Pollution Control Board, Paribesh Bhawan, 10A, Block – LA, Sector – III, Bidhannagar, Kolkata – 700106,

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…. Respondent(s)

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Date of hearing: 07.08.2024

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Saheb Banerjee, Advocate

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ORDER

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Heard Mr. Saheb Banerjee, learned Counsel for the Applicant.

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This Original Application has been filed by the Applicant alleging that the Respondents have encroached the forest land located beside National Highway in Dr. Zakir Hussain Avenue, Durgapur and in Muchipara, Durgapur.

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It is stated that the Respondent No.18, S.P.S. Steels Rollings Mills Ltd., is carrying on industrial operation over encroached forest lands causing environmental pollution and destroying the forest, filling up shallow ponds and dumping heaps of clay. It is also stated that the said Respondent has constructed illegal parking area. The forest land encroached by the Respondent No.18 are being RS/LR Plot Nos.36/603, 203/518, 203/603, 203/624/627, 203/624/628, 203/624/629, 204/624/630. It is also stated that the classification of Plot No.603 is ‘Forest’ and the Plot No.36 is

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stated to be pond situated in Mouza-Gopinathpur, District-Paschim Bardhaman.

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In para 5.4 of the Application it is stated that the Respondent No.18 is continuously running industrial operations on the encroached forest lands and is causing environmental pollution destroying forests and illegally filled shallow ponds, ponds and dumped heaps of clay and have constructed illegal parking place. Details of some

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forest lands encroached by Respondent No.18 is as follows:-

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A. RS/LR plot Numbers-36/603, 203/518, 203/603, 203/624/627, 203/624/628, 203/624/629, 204/624/630

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B. Police Station – NTPS Police Station

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C. Residential Plot Number-518

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D. Khatian Number -5676

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E. Total Area – 0.16 acres

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F. Raiyat – ADDA

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G. Plot Number – 603

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H. Classification – Forest

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I. Khatian Number – 5676

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J. Total Area – 14.91 Acres

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K. Raiyat – ADDA

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L. Block – Additional Faridpur – Durgapur

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M. Mouza – Gopinathpur

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N. District – Paschim bardhaman

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In para 5.6 of the Application it is stated that the Respondent No.18 has taken 14 acres of land from the Respondent No.17 of plot No.603 which is forest land and consists of ponds and shallow ponds.

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From the status of the land mentioned in para 5.4 of the Original Application, Plot No.518 is shown to be residential plot, some other plot numbers not given, Police Station-NTPS Police Station, Khatian No.5676, area 0.16 acres is shown to be Raiyat-ADDA, and Khatian No.5676 area 14.91 acres is mentioned as Raiyat-ADDA.

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This Tribunal is a court of limited jurisdiction having jurisdiction only to decide environmental issues and its jurisdiction does not extend to residential plots or Raiyat land which is not shown to be forest land or pond or other water body.

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Not a single document has been filed in support of the claim by way of Record of Right (RoR) or any of the plots mentioned in the Original Application are either forest land or waterbody or pond or shallow pond.

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Learned Counsel states that he has filed RTI Application on 04.06.2024 under the RTI Act 2005 (page 62 to 75 of the paper book) and submits that he has not received any reply till date.

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If the Applicant has not received any reply to his RTI queries, his remedy lies under the RTI Act with respect to which this Tribunal has no jurisdiction.

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Mr. Saheb Banerjee, learned Counsel requests that he may be permitted to withdraw the present Original Application with liberty to file better Original Application with proper pleadings with supporting documents.

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The Original Application No.159/2024/EZ is dismissed with the aforesaid liberty.

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There shall be no order as to costs.

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B. Amit Sthalekar, JM

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Dr. Arun Kumar Verma, EM

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August 07, 2024, Original Application No.159/2024/EZ AK

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Subrata Mallick v. State of West Bangal

Case brief

What is this about?

What did the court decide?

Subrata Mallick v. State of West Bangal

Case brief

What is this about?

What did the court decide?

What the court decided

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